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Drug Abuse and Custody Cases

Florida law has a presumption of fifty-fifty custody. That means each parent has the child for 182.5 days a year. The parents can have Timesharing with the child/children for one week on and one week off; four days then three days; two days then three days then two days; or any combination of days per week that the parties agree on that are in the best interest of the child. That being said, a judge may restrict a parent’s time sharing if the parent has a substance abuse issue that affects his or her ability to properly parent a child.  

If a parent has a substance abuse problem, the court may restrict a parent’s time sharing if (1) a parent has an ongoing substance abuse problem; (2) the substance abuse adversely affected the parent’s ability to care for the child; and (3) the child suffered harm or injury — physical, mental, or emotional — as a consequence of the parent’s drug use. 

In determining whether a parent’s drug use is ongoing, courts consider the proximity in time between the alleged act of drug use and the proceeding. Is there evidence that the parent tested positive for drugs or other evidence of drug abuse recently? Or has there been no evidence of recent drug abuse for a year? 

However, evidence that the parent has a drug or alcohol problem, standing alone, is insufficient. You must prove that the other parent’s drug use poses a substantial risk of imminent harm to the child. Although the child need not be present for the parent’s drug use, the totality of the circumstances must show an imminent risk of harm. A parent’s drug use is harmful if it is chronic and severe and the child is demonstrably adversely affected. You must produce evidence that the parent’s drug use adversely affects his or her ability to care for the child, or that the child has suffered harm or injury because of the parent’s drug use.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.